Parker County life insurance lawyers know how the courts look at warranties in life insurance policies. As stated in the 1997, 5th Circuit opinion styled, Riner v. Allstate Life Insurance Company, “Warranties in insurance applications are strongly disfavored in the law, and even fairly obvious attempts to create warranties in…
Aledo life insurance attorneys need to know the difference between a misrepresentation in a life insurance policy application and a condition precedent. There is an important distinction between statements by the insured that are considered to be representations and those considered to be conditions precedent. If the insured’s statement is…
Lawyers handling accidental death life insurance policies would want to read all cases dealing with this subject. Here is a 5th Circuit opinion styled, Abdul Salam Badmus v. Mutual of Omaha Insurance Company. In August 2010, Mutual issued an Accidental Death Policy to Selem Babtunde Badmus (Selem), providing a $750,000…
The Northern District of Texas, Dallas Division ruled on an interpleader case recently. It is styled, Primerica Life Insurance Company v. Sherry Purselley, et al. The co-defendants in this case are Henslee, Lee, and Sherry Purselley. This is an effort to determine who owns the life insurance proceeds at issue.…
Fort Worth insurance lawyers need to be aware of a life insurance policy’s incontestability clause. All life insurance policies must contain an incontestability clause, which is a provision that the policy will be incontestable after it has been in force during the lifetime of the insured for two years from…
Arlington life insurance lawyers know the requirements insurance companies must meet to successfully defend a life insurance case based on the defense of misrepresentation. Misrepresentation in the policy application is the most common reason for denial of a claim for benefits. The Texas Insurance Code, Sections 705.001 to 705.005, prohibits…
Grand Prairie life insurance lawyers know that for a life insurance company to establish misrepresentation as a defense for refusing to pay on a claim, that the life insurance company must plead and prove five elements: the making of the misrepresentation; the falsity of the misrepresentation; reliance on the misrepresentation…
A 1982, 14th Court of Appeals opinion recognizes and upholds that life insurance policies typically exclude suicide as an assumed risk of the carrier. The opinion is styled, Parchman v. United Liberty Life Insurance Co. In Parchman the policy excluded suicide as an assumed risk for two years from the…
The Texas Insurance Code, Section 1101.055 limits the permissible life insurance exclusions to suicide, stated hazardous occupations, and aviation activities. Courts have construed this list to render void other exclusions, such as one excluding a loss caused by a preexisting condition. This preexisting condition exclusion is discussed in the 1921…
For a beneficiary to recover death benefits, the insured must be dead. Doubt may arise when the insured disappeared or when there is uncertainty over the identity of the dead body. This is illustrated in the 1987 Texas Supreme Court case, Davidson v. Great National Life Insurance Co. and in…